Sectoral Determination 8: Farm Worker Sector, South Africa
Part E: Leave
23. Family Responsibility Leave

 

 

1)        This clause applies to a farm worker –

a)        who has been employed by an employer for longer than four months; and

b)        who works on at least four days a week for that employer.

 

2)        An employer must grant a farm worker, during each 12 months of employment, at the request of the farm worker, three days’ paid leave, which the farm worker is entitled to take -

a)        when the farm worker’s child is born;

b)        when the farm worker’s child is sick; or

c)        in the event of the death of –

i)          the farm worker’s spouse or life partner; or

ii)         the farm worker’s parent, adoptive parent, grandparent, child, adopted child, grandchildren or sibling.

 

3)        A farm worker may take family responsibility leave in respect of the whole or part of the day.

 

4)        Subject to sub-clause (5), an employer must pay a farm worker for a day’s family responsibility leave-

a)        the wage the farm worker would normally have received for work on that day; and

b)        on the farm worker’s usual payday.

 

5)        Before paying a farm worker for leave in terms of this clause, an employer may require reasonable proof of an event contemplated in sub-clause (2) for which the leave was required.

 

6)        A farm worker’s unused entitlement to leave in terms of this clause lapses at the end of the annual leave cycle in which it accrues.